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UH, YOU THANK YOU SO MUCH FOR BLESSING THIS COUNTY AND THE PEOPLE IN IT.
AND FATHER, WE THANK YOU FOR THE PROSPERITY THAT WE ENJOY.
AND FATHER, ESPECIALLY, WE THANK YOU THAT WE HAVE A GREAT PLACE TO RAISE OUR FAMILIES.
FATHER, WE ASK THAT YOU CONTINUE BLESSING US.
AND FATHER, HELP FOR US TO, AS A, AS A BODY TO MAKE DECISIONS THAT WILL, WILL ENSURE THAT THIS IS A GOOD PLACE FOR FATHER.
WE ASK THAT YOU GRANT US WISDOM.
AND FATHER, HELP FOR US TO ALWAYS REMEMBER YOUR WORD AS WE MAKE DECISIONS ON BEHALF OF YOUR PEOPLE HERE IN THIS COUNTY.
FLAG OF THE UNITED STATES OF AMERICA.
AND TO GIVE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD IN INDIVIDUAL WITH THE LIBERTY AND JUSTICE FOR ALL FLAG OF PREVIOUSLY BEEN.
PROVIDE A COPY OF THE MINUTES OF THE LAST MEETING.
ANY ADDITION? IF THERE ARE NONE, A MOTION TO APPROVE THOSE AS PRESENTED.
ALL IN FAVOR SAY, MOTION CARRIES.
FIRST ON THE AGENDA THIS MORNING IS, UH, RICHARD MURPHY TO DISCUSS, CONSIDER CREATION OF THE POSITION OF OFFICE MANAGER OF THE POINTING TAX OFFICE TO BE FILLED BY PROMOTION WITHIN AT A SALARY ATE WITH THE INCREASED RESPONSIBILITIES, KNOWING NET BUDGET INCREASE IS NECESSARY DUE TO RETIREMENT OF DEPARTMENT EMPLOYEES.
THINK YOU WANNA PRESENT THAT KIND OF SELF-EXPLANATORY IN A WAY? WELL, AS YOU KNOW, WE ADDED ONE ADDITIONAL POSITION AND ULTIMATELY WE'LL BE ADDING ANOTHER, UH, AS PEOPLE LEARN THAT THEY GET PAID TAXES AND GET THEIR TAGS IN CORN.
AND, UH, SO IN PREPARATION OF THAT, UH, WE'RE PROPOSING TO PROMOTE AND BLUE ELLEN, WHO WAS THE ORIGINAL EMPLOYEE OVER THERE, UH, TO OFFICE MANAGER.
SO THAT, UH, AND, AND OF COURSE THEY HAVE ADDITIONAL DUTIES SINCE THERE WAS MORE THAN ONE EMPLOYEE THERE.
THE SALARY COMMISSIONER COURTS ALWAYS SAYS THE SALARIES.
IS THAT, WHEN YOU SAY IT IS COMMENSURATE WITH THE INCREASED RESPONSIBILITIES, HOW DOES IT BEAR WITH OTHER COUNTY EMPLOYEES? IT'S, WELL, I HADN'T EVEN REALLY LOOKED INTO THE SALARY ITSELF.
UH, BUT THERE'S, UH, A, IN TERRELL FOR EXAMPLE, THERE'S AN OFFICE MANAGER.
SHE HAS A SALARY THAT'S ABOVE THE OTHER EMPLOYEES IN TERRELL.
SO IT'S, IT'S JUST ONE STEP UP FROM, UH, YOU SAY, HOW DOES IT PREPARE WITH OTHER COUNTY EMPLOYEES? WELL, YOU, YOU, YOU'VE SAID THAT IT'S COMMENSURATE WITH OTHER AREAS IN OUR OFFICE, IN THE JACK'S OFFICE.
IS THIS IN REFERENCE TO THE, THAT OFFICE MANAGER? DO WE HAVE A NO, WE DON'T.
THAT POSITION OF AUGUST MANAGER IS NEW BECAUSE I'M NOT, THAT'S A GOOD QUESTION.
I DIDN'T INTEND TO OPEN SOMETHING NEW.
WELL, BUT THAT, YOU KNOW, THE FACT THAT IT'S NEW, I MEAN, WE, WE MAY MAKE IT WHERE WE'RE ABLE TO DO IT.
I'M NOT SURE, UM, IF IT WAS JUST BECAUSE WE HAVE TO SET SALARIES AT THE BEGINNING OF THE BUDGET HERE
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ON, JUST ON, JUST ON, OKAY.IF I HEAR OR IF I SEE A JOB DESCRIPTION.
THAT'S, THAT'S MY QUESTION MORE THAN CHIEF DEPUTY.
WHAT IS THE, THE TITLE IS NOT AS IMPORTANT AS JOB DESCRIPTION.
THAT, THAT WOULD BE MY CONCERN.
NO, BUT, BUT YOU CAN SEE YES, WHERE THIS COULD GO IF WE START CREATING NEW POSITIONS AND NEW TITLES.
BUT WE ALREADY HAVE SOME WHO, UH, OR FEELING THEY'RE NOT BEING PAID ENOUGH BECAUSE OF TITLES.
STAY AWAY FROM MESSED THIS UP, BUT WE HAVE AN OFFICE MANAGER IN TER ALREADY, SO I'M NOT DOING ANYTHING NEW.
WELL, WE HAVE SOMEONE DOING THAT FUNCTION AND IS PAID AT A LITTLE HIGHER LEVEL THAN OTHER PERSONS.
WHERE'S JOHNNY? IS JOHNNY HERE THIS MORNING? I'LL GO GET HIM HERE.
WOULD YOU HAVE A PROBLEM IF WE GET THE TITLE OF THE CHIEF DEPUTY? NOT AT ALL.
I I I'M WORKING SOMETHING THAT'S CHIEF DEPUTY OF THE FOREIGN TAX OFFICER.
I DON'T WANT TO PUT YOU ON A SLIP.
YES, BUT IF THERE'S AN ADDITIONAL POSITION, IT'S GONNA BE IN THE OH 6 0 7 IF THERE IS IT, WELL, IT MAY BE NOW LATER THAN THAT.
UH, BUT IN THIS CURRENT YEAR WE ADDED AN EMPLOYEE.
SO NOW THERE'S A, THE DEPUTY CHIEF DEPUTY OR OFFICE MANAGER OR WHATEVER'S RESPONSIBLE FOR ADDITIONAL INFORMATION, PUTTING IT TOGETHER AND SUBMITTING IT TO US AND SO ON AND SO FORTH.
I THINK WE KIND OF UNDERSTAND CHIEF DEPUTY, THAT THAT'S LET'S DO THAT.
THAT'S THE EASIEST WAY TO JOHNNY.
WE'RE DISCUSSING, UH, SINCE YOU'RE OUR FIRST NOTE DIRECTOR, WE'RE DISCUSSING THE TERMINOLOGY HERE, UH, OF OFFICE MANAGER VERSUS CHIEF DEPUTY.
UM, HAVE YOU GOT COMMENTS ABOUT PREFER CHIEF DEPUTY OVERALL STAND? SAY AGAIN? I PREFER CHIEF DEPUTY OVERALL STAND.
I WAS NOT AWARE OF THE INTRICACIES OF THIS.
YEAH, BUT IT THEY CAN HAVE IONS.
CHIEF DEPUTIES, JUST GREAT DEPOSITION WILL BE FILLED FROM WITHIN.
THEN THE, UH, MOTION SHOULD BE TO AUTHORIZE THE REASON OF THE POSITION OF CHIEF DEPUTY FOR THE COUNTY TAX OFFICE TO BE FILLED BY THE MOTION WITHIN JACK.
HAS ANYONE SIGNED UP TO SPEAK, UH, REGARDING THIS NEXT ITEM? NO, SIR.
I KNOW SOMEONE IN THE CROWD WANTS SEE BACK ITEM ON OUR, OUR LIST POLICE SERVICE.
IS THAT, UH, CAN APPROVE FOUR, YOUR HONOR.
UH, COUNTY ROAD 3 54? YES, SIR.
THANK, I DO NOT KNOW THAT, UH, IT WILL BE REQUIRED, BUT IN, WELL, THEY'RE, UH, SIGNING IN ON THAT ITEM.
UH, LET'S SKIP TO ITEM NUMBER SIX.
DISCUSS CONSIDER PRELIMINARY FOR PROPOSED SUBDIVISION.
UH, UH, THAT'S A SUBDIVISION THAT WAS, YOU KNOW, PROPOSED, UH, SEVERAL WEEKS AGO.
UM, FRIDAY I TALKED WITH RANDY TOUCHSTONE WITH THE DEVELOPER, AND HE HAD, AND WE WERE UP AGAINST A DEADLINE WITH, WE HAD 60 DAYS TO ACT ON IT.
OUR ENGINEER HAD, HAD SUBMITTED A LIST OF, UH, UH, A LIST OF THINGS THAT THEY, UH, WANTED ANSWERS TO, UM, AND THEY HADN'T HEARD BACK FROM THE DEVELOPER.
WE WERE WHERE WE EITHER HAD TO PUT IT ON THE AGENDA TO, TO, TO APPROVE OR DENY IT, OR AS, AS I UNDERSTAND THE LAW, IT'S AUTOMATICALLY APPROVED AFTER 60 DAYS.
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UM, BUT I GOT A, I GOT A, UH, FAX FROM RANDY TOUCHED ON WITH, UH, UH, DEL CORPORATION, UH, IN OR MONTE AWARE, AND THEY HAVE REQUESTED THAT WE TABLE IT AND THEY SAID WE'RE ADDRESSING PBS AND JAY'S COMMENTS.WE SHOULD HAVE REVISED PLANS SUBMITTED TO THE COMMISSIONER'S COURT NO LATER THAN JULY 24TH, UM, FROM PBS AND JENNY'S STANDPOINT.
WE JUST, UH, NEED TO SEE SOME RESPONSE TO THOSE COMMENTS BEFORE WE CAN RECOMMEND, UH, UH, THAT COMMISSIONER'S COURT, UH, APPROVE THE PROJECT BASED ON THE OKAY.
BUT I THINK THE COUNTY IS GONNA BE OKAY AS LONG, YOU KNOW, AS LONG AS IT'S THE DEVELOPER THAT'S ASKING THAT IT BE TABLED.
SO I'M GONNA MAKE A MOTION TABLE IT MOTION MADE TO THE TABLE.
THAT ITEM I SECOND SECONDED BY COMMISSIONER SHANE ON.
OKAY, THE NEXT ITEM ON THE AGENDA IS DISCUSSED AND CONSIDER RESCINDING THE ORDER OF DEDICATION OF ROAD EASEMENTS FOR COUNTY ROAD 3 54, DATED JULY 26TH, 2004, CAMAN COUNTY PRECINCT NUMBER THREE.
ALONG WITH THAT, DISCUSS AND CONSIDER RESCINDING THE ORDER ABANDONMENT OF COUNTY ROAD 3 54 DATED JULY 11TH, 2004.
AND SINCE THAT'S DATED FIRST, THAT'S PROBABLY THE ONE WE NEED TO TAKE UP FIRST.
COMMISSIONER, I'LL MAKE THAT MOTION.
ALRIGHT, WE'VE HAD, UH, FOUR PEOPLE SIGN UP TO DISCUSS THAT MATTER.
UH, YOU WANNA MAKE THAT MOTION BEFORE YOU HEAR WHAT THEY HAVE TO SAY.
UH, FIRST WE HAVE IS HAROLD CURTIS GREENVILLE WANTS TO SPEAK TO US ON
I WOULD LIKE TO YIELD TO JAY GRIFFIN AND, AND, UH, THE ENTITY PROPERTIES, PEOPLE THAT SPEAK AFTER THEY HAVE APPEARED, IF I MAY.
COMMISSIONER, THANK YOU VERY MUCH FOR YOUR TIME TODAY.
UH, MY NAME IS JAY GRIFFIN AND I WORK FOR ANTHONY PROPERTIES FOR WHO? ANTHONY PROPERTIES.
UH, THE COMPANY OWNS APPROXIMATELY 197 ACRES, UH, ADJACENT TO LAKE ELMO.
AND PART OF THE PROPERTY IS SUBJECT TO AN EASEMENT TO THE CITY OF TERRELL.
UH, GRANTING THE RIGHT TO THESE PROPERTY FOR PURPOSES OF THE RESERVOIR, LEAVING APPROXIMATELY 37 NET ACRES THAT WE INTEND TO DEVELOP.
AND THE PROPERTY IS IMPOUNDED TO THE SOUTHEAST BY LAKE ELMO TO THE NORTHEAST BY COUNTY ROAD 3 53 AND THE SOUTHWEST, OR EXCUSE ME, SOUTHEAST BY COUNTY ROAD 3 54.
AND FOR PURPOSES OF OUR DEVELOPMENT, WE WOULD, WE WOULD, IT WOULD BE GOOD TO HAVE ACCESS FROM COUNTY ROAD, OR EXCUSE ME, HIGHWAY 80 VIA COUNTY ROAD 3 54.
AND WITH PROPOSED REALIGNMENT THAT ACCESS WOULD BE INHIBITED.
AND SO WE ARE ASKING FOR CONSIDERATION OF PRECISION OF THE REALIGNMENT OF COUNTY ROAD 3 54.
ANY QUESTIONS OF, UH, MR. GRIFFIN? I, WELL, I, I I HAVE ONE.
UM, WHEN THIS WAS ORIGINALLY PROPOSED TO COMMISSIONER'S COURT, UM, WE WERE TOLD THAT ALL OF THE PROPERTY OWNERS HAD BEEN INFORMED AND THAT ALL OF 'EM WERE IN AGREEMENT WITH ABANDONING THE ROAD.
UH, WERE Y'ALL, HAD Y'ALL AGREED TO ABANDON THE ROAD? WELL, SIR, IT WAS MY UNDERSTANDING THAT, UH, THE COMPANY ACQUIRED THE PROPERTY IN NOVEMBER OF 2004 AND WE WERE NOT AWARE OF ANY OF ANY REALIGNMENT.
AND IN FACT, WE WERE BROUGHT, IT WAS BROUGHT TO OUR ATTENTION, UH, QUITE A BIT SUBSEQUENTLY BY MR. RAW HARRISON.
NOW Y'ALL, SO Y'ALL BOUGHT THE PROPERTY THEN, UH, WHAT WAS IT, OCTOBER, FOUR MONTHS AFTER THIS WAS DONE? YES, SIR.
AND WE NEVER RECEIVED ANY INFORMATION FROM MS. NADINE BAILEY? WHO'S NADINE BAILEY? SHE WAS A SIR.
SHE'S A PRIVATE INTEREST HOLDER.
I'M SORRY, BUT YOU DON'T KNOW WHETHER SHE HAD AGREED TO IS OUR, IS MY UNDERSTANDING.
NOT SUGGEST I DO NOT, BUT I DON'T, I'M NOT SURE.
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ANY OTHER QUESTIONS, MR. GRIFFIN? OKAY.THANK YOU VERY MUCH YOUR TIME.
LIKE COMM LEONARD, WE, YOU PROBABLY DON'T REMEMBER, BUT WHEN WE WERE WORKING ON OUR, UH, THERE PLENTY KING GATE ON THIS ROAD NEXT TO THE PROPERTY WE JUST PURCHASED, AND I SAID, DOES THAT MEAN THAT WE CAN'T GET ACCESS TO THAT? AND WHAT I FOUND OUT IS THAT WAS DONE TO STOP PEOPLE FROM GOING IN THERE AND DUMPING THINGS.
AND SINCE THEN I MET WITH COMMISSIONER SHANE 'CAUSE THERE'S ANOTHER COUNTY ROAD THAT LEADS TO THE PROPERTY WHERE PEOPLE AREN'T CONTINUING TO DO THE SAME THING.
AND WE WERE GONNA EITHER, NOT TODAY, BUT I THINK IN THE FUTURE, WE'RE GONNA REQUEST THAT WE CAN PUT A GATE ACROSS THAT.
BUT WE NEVER THOUGHT THAT WE WEREN'T GONNA HAVE CONTINUED ACCESS TO THE PROPERTY.
'CAUSE THAT'S THE ONLY ACCESS WE HAVE ON THAT, ON THAT PIECE OF THE PROPERTY.
AND WE VOLUNTEERED TO PUT UP THE OTHER GATE AND PAY FOR THE OTHER GATE IS IF THE COUNTY ALLOWED US TO DO SO.
BUT I SPECIFICALLY ASKED THE SELLER WHEN WE WERE LOOKING AT THE PROPERTY, IF THERE WAS SOME KIND OF ARGUMENT GOING ON WITH THE PROPERTY OWNER, THAT THEY PUT THE FENCE UP AND I DIDN'T TRUST THE RESPOND.
SO THEN I, I CONTACTED, I MENTIONED TO YOU WHEN WE TALKED AND, AND REALLY IT WAS DONE BECAUSE THE, YOU DIDN'T WANT ANY VANDALS GOING ON THERE DUMPING THINGS ON THE PROPERTY OR, OR CAUSING HAVOC.
AND WE STILL HAVE THAT PROBLEM ON THE O COUNTY ROAD.
SO I, I KNOW THAT THE FEW MEETINGS ARE GONNA HAVE THAT TAKEN CARE OF, BUT, UH, JAY DIDN'T WORK FOR US AT THE TIME, BUT I JUST DID WANT TO CONFIRM NEITHER THE SELLER NOR HERSELF WERE PUT ON, HAD NOTICE THAT THAT ROAD WAS GONNA BE A BAD, UM, WHAT WAS THE LADY'S NAME AGAIN THAT Y'ALL BOUGHT? UH, NADINE BAILEY.
DO YOU KNOW WHERE SHE LIVES? IT WOULD, UH, I DON'T KNOW OFFHAND, BUT I'M SURE IT GOT BACK ON THE TITLE WORK OF THE OFFICE.
UH, YOU, YOU SAID JUST, YOU JUST SAID SOMETHING AND ALSO MR. GRIFFIN SAID SOMETHING ABOUT, UH, IS THERE ANOTHER COUNTY ROAD THAT SERVICES THIS PROPERTY? THERE'S, ON THE, THERE'S A, THE WAY THIS PROPERTY IS LAID OUT, THERE'S A LAKE ELMORE, LAKE TERRELL KIND OF RUNS INTO THE MIDDLE OF IT BREAKS IT IN HALF.
SO THERE'S ABOUT 180 ACRES OF WHICH 40 ACRES SIT HIGH AND DRY.
JAY HAS THE EXACT NUMBERS AND IT'S KIND OF SEPARATED BY WHERE THE WATER COMES IN THROUGH THE MIDDLE.
SO THERE IS A COUNTY ROAD THAT SERVICES THE OTHER HALF OF THE PROPERTY.
MR. SHANE, YOU KNOW, WHAT'S THE NUMBER, THE NAME OF THAT ROAD? 3 53.
SO WE HAVE TALKED TO THE PROPERTY OWNERS AROUND THERE.
IN FACT, WE ASSIGNED SOMETHING TO ASK IF THE NEIGHBOR AND PROPERTY OWNERS WOULD AGREE TO LOSS TO FENCE UP.
'CAUSE THE COUNTY'S HAD A LOT OF PROBLEMS. AND SOME OF THE NEIGHBOR PROPERTY OWNERS ARE UPSET THAT PEOPLE ARE GOING IN THERE RACING THEIR CARS AND THEY'RE DOWN AND DROPPING THINGS OFF AND, AND WE'RE JUST NOT READY TO DEVELOP THAT PROPERTY.
WE MAY NOW, BUT WE'VE BEEN TIED UP WITH THE CITY FOR SO LONG ON THIS OTHER DEAL OVER IN, IN, UH, OVER A 3 57 AND 20 AND 80.
SO 17,000 HOME SUBDIVISION YARD.
I MEAN IT, AND IT IS JUST ABSORBED THIS, I MEAN, WHEN, AND THAT'S WHY WE'RE HERE AT THIS LAST MINUTE BECAUSE WHEN WE'VE TALKED ABOUT THIS, I BEEN COPING WITH JUST SOLVE ITSELF.
AND I KNOW THERE WAS SOMEBODY ELSE TRYING TO RESOLVE IT.
AND EVERY TIME WE HAD A DISCUSSION, I KEPT SAYING, WELL, I'M SURE IT'LL GET WORKED OUT, BUT APPARENTLY WE HAVEN'T WORKED IT OUT.
BUT WE NEED TO GET IT WORKED OUT.
AND WE DON'T WANT TO CAUSE ANY TROUBLE.
WE JUST WANT TO, WE WANT TO HAVE ACCESS TO THE PROPERTY.
I WANT TO MAKE SURE WE'VE GOT CLEAR IN MY MIND.
THERE IS ANOTHER ACCESS TO THIS PROPERTY, NOT TO THIS SECTION OF THE PROPERTY? NO.
'CAUSE THE PROPERTY, UM, THAT THIS PORTION OF THE PROPERTY IS ACCESS FROM 80 OR YEAH, FROM 80 TO THE SOUTH, HALF OF THE PROPERTY.
THEN THERE'S WETLANDS THAT RUN.
I MEAN, IF WE PURCHASED 176 ACRES, I THINK LITERALLY 40 OF IT IS DRY.
SO, YOU KNOW, YOU'RE BASICALLY GOTTA CUT OFF IN HALF.
THERE'S A SMALLER SECTION TO THE EAST AND THERE'S A LARGER SECTION.
THE NORTH IT SERVICED BY THE COUNTY ROAD.
WE COULD GET ACCESS TO THE PROPERTY BY BUILDING UP SOME SORT OF BRIDGE ACROSS THE PARK THAT'S WITH, THAT'S WET.
UH, BUT IT'S, IT'S JUST HARD TO GET TO IT.
I MEAN, IT'S JUST, IT MAKES, AND THEN YOU HAVE TO, YOU KNOW, I'VE GONE THERE AND I GET LOST GETTING THERE.
'CAUSE YOU HAVE TO KIND OF DRIVE THROUGH ALL THESE DIFFERENT COUNTY ROADS.
YOU CAN'T JUST TAKE A STRAIGHT SHOT OF 80 AND STRAIGHT OUT.
IT IS A MAJOR INCONVENIENCE AS FAR AS TRYING TO BASE THE PROPERTY.
THE LIGHT CUTS OFF PART OFF THREE FROM THREE THREE.
AND THEY ALSO HAVE PART ON 3, 4, 3 7 AT ONE TIME.
YEAH, IF WE, I MEAN, IF I THOUGHT WE DIDN'T HAVE THE EXIT, I, I DON'T THINK I WOULD'VE BOUGHT IT.
AND I PROBABLY SHOULD HAVE ASKED, I PROBABLY SHOULD HAVE DONE MORE ON THE FRONT END.
IT'S JUST THAT I ASSUMED IT SITTING ON THE SELLER WAS TELLING ME THE TRUTH.
AND I HOPE SHE WAS, SHE TOLD ME SHE DIDN'T HAVE ANY HEAD OF NOTICE
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AND THE TITLE WORK DOESN'T SHOW ANYTHING LIKE THIS.AND THEN WE TALKED ABOUT IT A LITTLE BIT AND IT JUST, IT, IT, IT NEVER SEEMED LIKE IT WAS GONNA BE AN ISSUE.
AND THEN ALL OF A SUDDEN IT, THE, THE NEIGHBOR CALLED ME UP AND TOLD ME WHAT WAS GOING ON.
AND THEN I'VE TALKED TO COMMISSIONER SHANE ON AN OFFER PAST COUPLE MONTHS.
AND Y'ALL BOTH PROBABLY IN NOVEMBER, 2004? YES.
ANY OTHER QUESTIONS? THANK YOU.
UH, IT'S JAMES SCH, I BELIEVE HE WANTS TO GO AHEAD AND SPEAK.
MY CLIENT IS, IS ALIGNED WITH THE LAST SPEAKER.
IT MIGHT BE MORE LIKELY IF I PULL IT DOWN.
UH, JUDGE JEN, MEMBERS OF COMMISSIONER MCC COURT.
I'M HERE TODAY ON BEHALF OF ROBERT HARRISON AND STAN HAM.
THOSE GENTLEMEN, THE TWO GENTLEMEN OWN A 73 ACRE TRACT OF LAND ON, AND I DON'T KNOW, JUDGE COUNTY LAID OFF, I THINK, OR DIAGONAL, BUT I WOULD CALL IT, UH, ON THE EAST SIDE OF THE EXTENSION OF 3 54 FROM HIGHWAY 80 RUNNING NORTH BEFORE IT TURNS WEST TO GO TO, UH, TO GO TO, UH, 3 53 AND ULTIMATELY, UH, TO THE NORTH.
UH, AT THE, AT THE TIME THAT THE, UH, MY CLIENT'S ACQUIRED THIS PROPERTY AT 3,300 FEET ROUGHLY OF FRONTAGE ON COUNTY ROAD 3 54, THE ENTIRE WEST SIDE OF THE PROPERTY.
AND THE ROAD CONTINUED ON SOUTH TO, UH, HIGHWAY EIGHT.
UH, THE PROPOSAL WHICH HAS BEEN MADE, AND, UH, WHICH IF I UNDERSTAND THE SEQUENCE OF ACTIONS THAT I HAVE READ WOULD SUBSTITUTE A DIFFERENT RIGHT OF WAY THAT WOULD INTERSECT MY CLIENT'S WEST PROPERTY LINE AT A POINT ROUGHLY 300 FEET SOUTH OF ITS NORTHWEST CORNER.
AND ON THE FAR SIDE, THE NORTH SIDE OF A FAIRLY WHAT IS DESCRIBED TO ME, AND I, I'VE HASTE TO SAY, I'VE NOT SEEN THE PROPER, WHAT'S DESCRIBED TO ME AS A RAVINE OR CREEK THAT WOULD CONSTITUTE AN IMPEDIMENT THAT'S NOT CROSSED BY A ROAD.
UH, NOW MY CLIENTS WERE IN THE PROCESS OF ACQUIRING THIS PROPERTY IN LATE 2003 WHEN THIS BEGAN TO BE DISCUSSED.
ON NOVEMBER 13TH, 2003, MR. HARRISON WROTE A LETTER TO, WHO I ASSUME IS THE THEN COMMISSIONER MR. JOHNSON.
AND, UH, ADVISED HIM, UH, THAT, THAT, UH, HE AND HIS PARTNER WERE ACQUIRING 73 ACRES OF LAND THAT, FOR REASONS WHICH HE EXPLAINED, I'M SURE THIS IS PART OF YOUR RECORD JUDGE, BUT I'LL BE HAPPY TO FILE IT AS AN EXHIBIT IF, IF REQUESTED TO DO SO, THAT, UM, UH, IT WOULD CONSTITUTE AS SEVERE IMPEDIMENT TO THE PROPERTY.
IT WOULD, WHILE IT WOULD NOT COMPLETELY DENY ACCESS, THAT IT WOULD SO IMPAIR THE ACCESS TO THE PROPERTY AS TO NEGATIVELY IMPACT THE VALUE TO A VERY SUBSTANTIAL EXTENT.
NOW, MR. HARRISON, MR. HAM ACQUIRED THE PROPERTY BY PURCHASE SOMETIME IN THE SPRING OF 2004, PRIOR TO THE DATE OF ADOPTION OF THE ORDER, AND WERE PROPERTY OWNERS AT THAT TIME.
MR. HARRISON TELLS ME THAT HE HAS NEVER APPROVED OF THE CLOSURE OF THE ROAD, NOR HAS MR. HAM, THAT THEY HAVE ALWAYS BEEN OPPOSED TO IT.
WE ARE, UH, IN FAVOR OF THE MOTION TO RESCIND, WHICH HAS BEEN MADE HERE THIS MORNING, AND WE ASK THE COURT TO RESCIND.
UH, THERE HAS BEEN DISCUSSION OF AN AGREEABLE RELOCATION OF THE ROAD, AND I'M CERTAIN THAT MY CLIENTS WILL BE REASONABLE AND WILL CONSIDER THOSE DISCUSSIONS, PARTICULARLY NOW THAT ANTHONY PROPERTIES IS INVOLVED, ALONG WITH MR. TILLMAN AND THE TWO OF THEM, AND TRY TO WORK SOMETHING OUT THAT COULD BE ACCEPTABLE TO EVERYONE, INCLUDING THE PROPONENT, MR. THOMPSON.
BUT WE DO ASK THAT YOU RESCIND THIS ORDER AT THIS TIME, WHICH SUBSTANTIALLY IMPAIRS THE ACCESS TO MR. HARRISON AND MR. CHAIRMAN'S PROPERTY.
MR. UH, LEONARD POINTED OUT ONE OF THE THINGS WE WERE TOLD WHEN THIS CAME UP, ONE OF THE OTHER THINGS WE WERE TOLD WAS THAT THE COUNTY HASN'T PLACED A PIECE OF EQUIPMENT ON THIS ROAD FOR 30 TO 50 YEARS.
UH, DO Y'ALL DISAGREE WITH THAT OR, I MEAN, JUDGE, THIS IS, I UNDERSTAND THIS HAS ALL GROWN UP IN WEEDS AND TREES AND, AND, UH, THE COUNTY HAS NOT MAINTAINED IT, UH, FROM ANYWHERE FROM THREE TO 50 YEARS, AS YOU AND I BOTH KNOW, THAT'S ALWAYS AN ISSUE IN, IN CASES OF THIS NATURE WHEN THEY REACH THE COURTS.
UH, I DO NOT KNOW THE ANSWER TO THAT QUESTION.
MR. HARRISON TELLS ME THAT HE BELIEVES THERE HAS BEEN EQUIPMENT ON THIS RECENTLY AS 1997,
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WHETHER I, I CLEANED ROAD UP IN 1997 WHEN I WAS IN PRIVATE PRACTICE THERE.I DID DO THAT NINE SEVEN FROM BASICALLY ABOUT WHERE SHADOW LANE IS, GOES UP TO MR. THOMPSON'S HOUSE, TO ALL THE WAY DOWN THE HILL TO THE, TO THE LAKE.
I, I STRUCK THE DITCHES UP FOR, FOR, FOR THE COMMISSIONER.
THAT'S THE COUNTY GETS IN 1997, RIGHT? YES.
UH, AS TO WHETHER OR NOT THERE HAS BEEN PASSAGE THAT WOULD'VE TO BE DEVELOPED.
BUT AGAIN, UH, MY CLIENTS TELL ME THAT THERE HAS BEEN PASSAGE ALONG THE ROAD THAT IS TO SAY IT HAS BEEN USED BY MEMBERS OF PUBLIC ACCESS, PRESUMABLY TO THE LAKE.
CURTIS, ANYTHING? THANK YOU VERY MUCH, GENTLEMEN.
THANK YOU, JUDGE COMMISSIONERS JAMES SCHUR, UH, DALLAS, TEXAS.
I'M HERE ON BEHALF OF MR. THOMPSON.
UH, MR. THOMPSON CONTACTED ME, UH, APPARENTLY THERE'S SOME LEGAL ISSUES THAT ARE POTENTIALLY ASSOCIATED WITH WHAT YOU'RE TRYING OR WHAT'S ON THE AGENDA HERE TODAY.
IT'S VERY CONFUSING, AND HE ASKED ME TO TRY TO HELP HIM SORT THROUGH THIS AND MAKE SOME SENSE OF IT.
UH, THERE ARE A FEW CONCERNS, UH, THAT WE'D LIKE TO EXPRESS.
UH, IT'S MY UNDERSTANDING THAT Y'ALL HAD A PRIOR HEARING ON THIS, UM, AND IT WAS LEFT FOR MR. THOMPSON TO TRY TO GO WORK WITH THE NEIGHBORS, UH, TRY TO WORK OUT A SOLUTION TO THIS.
UH, AFTER SOME ISSUE HAD COME UP HERE IN LAST YEAR, UH, MR. THOMPSON HAD MET WITH THOSE THAT WERE AFFECTED BY THE, UH, ABANDONMENT BACK IN 2004.
I BELIEVE EACH OF YOU RECEIVED A SIGNED LETTER DATED APRIL 15TH, UH, SIGNED BY MR. AND MRS. THOMPSON, MR. HARRISON, MR. HAMMOND, MR. TILLMAN, SHOWING A PROPOSED, UH, REROUTE.
UH, THERE IS AN ADDITIONAL REROUTE TO WHAT WAS, UH, ALTERNATIVELY DEDICATED AND APPROVED BY THE COUNTY BACK IN OH FOUR, UH, WHEN THE ORIGINAL ABANDONMENT TOOK PLACE.
UM, OBVIOUSLY WE'RE A LITTLE, UH, DISAPPOINTED I GUESS, THAT, UH, MR. HARRISON AND MR. HAMMER SUGGESTING THEY'RE NOT, I I GUESS AT THIS POINT, WE'RE NOT SURE IF THEY'RE IN SUPPORT OF THE RELOCATION THAT THEY SIGNED OFF ON, ON APRIL 15TH OR NOT AT THIS POINT, UH, GIVEN THE COMMENTS THAT WE JUST HEARD.
UH, BUT THEY DID SIGN OFF ON THIS BACK A FEW MONTHS AGO.
AND SO, UH, WE MAY NEED TO SIT DOWN AT THE TABLE AGAIN AND TALK ABOUT IT.
UH, AS FAR AS THE ANTHONY GROUP IS CONCERNED, UH, MR. THOMPSON JUST LEARNED ABOUT THEM LAST WEEK FOR THE FIRST TIME.
UH, AND I, I DON'T THINK IT'S A SURPRISE GIVEN WHAT I JUST HEARD ALSO THAT THEY BOUGHT AFTER THE ABANDONMENT TOOK PLACE, IT WAS OF RECORD.
IF, YOU KNOW, WITH DUE DILIGENCE, I GUESS THEY SHOULD HAVE KNOWN ABOUT IT.
UH, AS FAR AS THE LEGAL ISSUES THAT, THAT WE DO HAVE A CONCERN ABOUT, WITH THE ABANDONMENT BACK IN OH FOUR, UH, AT THE NORTHEAST CORNER, UH, DOWN BY THE LAKE ON, THERE'S A CORNER STRETCH THERE.
UH, THAT PORTION OF THE ROAD WAS ACTUALLY A DEDICATION THAT HAD A REVERTED CLAUSE.
AND BACK IN OH FOUR, OUR CONCERN IS, IS THAT AS A MATTER OF LAW, THAT PORTION OF THE ROAD ACTUALLY REVERTED BACK TO THE PROPERTY ON MR. THOMPSON, UH, WITH THE ABANDON IN, IN OH FOUR.
AND I'VE GOT A COPY OF IT, UH, IF YOU NEED ME TO SUBMIT THIS FOR YOUR REVIEW.
UH, BUT THE LANGUAGE IS VERY CLEAR.
IT SAYS, SO LONG AS SAID, PROPERTY IS USED AS A PUBLIC ROAD.
IT'S DEDICATED, UH, SO LONG AS SAID, PROPERTY IS USED AS A PUBLIC ROAD, AND WHATEVER SUCH PROPERTY SHALL CEASE TO BE USED AS A PUBLIC ROAD.
UH, AND THEN THERE UPON THIS CONVEYANCE SHALL BE NULL AND VOID.
AND LENE ON PREMISE SHALL ABSOLUTELY REVERT TO THE GRANTOR HEREIN HER HEIRS AND THE ASSIGN.
SO OUR CONCERN IS, IS A CLOUD ON THE TITLE, IF YOU, ONCE YOU ABANDON IT BY OPERATION OF LAW, THIS ACTUALLY REVERTED BACK TO PROPERTY OWNER.
AND SO IT'S THE PROPERTY OWNER'S PROPERTY.
A RESCISSION DOESN'T MAKE IT A COUNTY ROAD AGAIN, BECAUSE IT'S ALREADY BACK IN THE HANDS OF THE, UH, PROPERTY OWNER.
SO THAT IS A REAL CONCERN HERE AS FAR AS THE CLOUD ON THE TITLE.
AND NOW YOU'RE TALKING ABOUT A COUNTY ROAD THAT JUST DEAD ENDS ON TWO SIDES, AND THERE'S A CONNECTING PIECE, UH, THAT DOESN'T CONNECT THEM.
SO WE DO HAVE A CONCERN ABOUT THAT.
UH, YOU KNOW, I GUESS FINALLY I, WE'RE A LITTLE CONCERNED BECAUSE WE'VE BEEN TRYING TO WORK WITH THE NEIGHBORS.
AND IF, IF WE DON'T, AT THE VERY LEAST, HAVE AN OPPORTUNITY TO TALK WITH, WITH THOSE INVOLVED AND TRY TO COME TO A SOLUTION, UH, WHAT KIND OF MESSAGES SENDS TO THOSE IN THE COUNTY? YOU KNOW, WE THOUGHT WE HAD A DONE DEAL THAT WAS OFFICIAL BACK IN 2004, AND NOW IF WE SEND SOMETHING A COUPLE YEARS LATER, WE JUST HAD A CONCERN ABOUT THAT.
[00:30:01]
WE JUST WANTED TO RAISE THOSE ISSUES AND ASK, AT THE VERY LEAST, UH, GIVE US THE OPPORTUNITY TO CONTINUE TO TALK TO OUR NEIGHBORS.AS I SAID, WE THOUGHT WE HAD A DEAL, WORKED OUT IN APRIL.
THE ANTHONY GROUP, WE JUST LEARNED ABOUT, LEARNED LAST WEEK THAT THEY EVEN EXISTED.
UM, AND THEREFORE WE'D ASK THAT YOU NOT RESCINDED AND ANDREA GETS A CHANCE TO SPEAK OR JUST NOT RESCINDED ALTOGETHER.
UH, FIRST THING I'VE GOT, UH, I WENT TO THE ATTORNEY GENERAL'S OFFICE OPINION FROM THIS, AND THEY SAID, WHERE'S PROPER PROCEDURE WAS NOT FOLLOWED WHEN THE ROAD WAS ABANDONED, THAT ALL PEOPLE WHO OWN PROPERTY ON THAT ROAD MUST SIGN OFF, NOT JUST ONE ALL.
AND, AND THEY REVERT BACK TO WHERE EIGHT PEOPLE DID COUNTY ROAD.
OKAY? SO, UH, THERE'S NOT ANY KIND OF PAPERWORK.
WHEN I TOOK OFFICE, MY OFFICE WAS CLEANED OUT, SO THERE'S NO PAPERWORK IN MY OFFICE SHOWING THAT THERE WAS ANYTHING WHERE EVERY PROPERTY OWNER WAS ASKED TO SIGN OFF ON THIS.
ALSO, THERE WAS FAILURE TO POST NOTICE, UH, BY THE PEOPLE.
AND I JOHNSON COME TO MY OFFICE AND SIT DOWN.
THE FORMER COMMISSIONER SAID THAT, UH, JEFF THOMPSON TOLD ME, BE ON ALL THE LAND ON BOTH SIDES OF THE ROAD.
IF THAT WOULD'VE BEEN RIGHT, YOU'D NEVER HURT.
I MEAN, AND IT WOULDN'T HURT ANYTHING OF THESE OTHER GUYS.
BUT, UH, BEING THAT, THAT'S NOT RIGHT, I THINK, UH, WE REALLY HAVE AN ISSUE OF PROBLEM.
AND, UH, SO ANYWAY, UH, BUT, UH, AND, AND IT IS, THAT'S JUST MY ISSUE, THAT YOU HAVE NO PAPERWORK SHOWING THE PROPER PROCEDURES FOLLOWED ACCORDING TO OUR, UH, ROAD, UH, LAW.
OH, AND, AND THAT'S VERY FAIR.
AND, AND UNFORTUNATELY, I, I LEARNED ABOUT THIS FRIDAY
UH, BUT WHATEVER HAPPENS THERE STILL IS A CONCERN FROM LEGAL ASPECT THAT A NEW ROAD HAS ALREADY BEEN DEDICATED AND ACCEPTED, IS MY UNDERSTANDING.
SO WE STILL HAVE A NEW DEDICATED ROAD THAT'S OUT THERE.
UM, IT, IT'S JUST A CONCERN IF YOU JUST DO A BLANKET RE RESCISSION OF THIS, IT'S STILL KIND OF GUMMED UP, SO TO SPEAK, TO USE THE PHRASE, UH, BECAUSE THERE IS THE CONCERN THAT THERE WAS AN AUTOMATIC REVERTER, UH, FOR THAT PROPERTY.
AND I UNDERSTAND WHETHER OR NOT THERE WAS NOTICE, BUT THE PROBLEM IS, IS THAT WE DO HAVE IT ON RECORD THAT THE ROAD WAS ABANDONED, AND AT THAT POINT IT REVERTS BACK.
AND SO NOW WE'VE GOT A PROBLEM.
'CAUSE YOU'VE GOT THIS STRETCH OF THE ROAD THAT YOU'RE TRYING JUST TO RESCIND.
AND SO I THINK THE PRUDENT THING TO DO WITH, YOU KNOW, LISTENING TO EVERYBODY, IT SOUNDS LIKE WE NEED TO GO SIT DOWN AND TALK ABOUT IT.
UM, YOU KNOW, AS OF THIS MORNING, I WAS UNDER THE IMPRESSION JUST GOING THROUGH THE PAPER FILE, THAT YOU KNOW, MR. HARRISON, MR. HAM, MR. TILLMAN AND THE THOMPSONS HAD WORKED OUT A REALIGNMENT, UH, AND GOT THEIR SIGNATURES HERE IN A PROPOSED, UH, REALIGNMENT.
SO, UH, IT SOUNDS LIKE THAT MAY HAVE CHANGED TOO.
SO UNFORTUNATELY, WE'RE JUST KIND OF TRYING TO WADE THROUGH THIS AND MAKE SENSE OF IT.
BUT, BUT I JUST WANTED TO STRESS THAT JUST A SIMPLE RE RESCISSION OF THIS DOESN'T NECESSARILY GET YOU WHERE YOU WANNA GO.
I, WELL, THIS IS A MILE AND, UH, OH, 2200 FEET THAT, UH, WE'RE TAKING AWAY FROM THE COUNTY.
ALSO, THERE WAS A LITTLE LADY THAT, UH, ME AND THE ROAD SUPERVISOR WAS OUT ONE DAY DRIVING ROAD.
SHE COME IN DOWN THERE AND SHE SAID, WELL, THEY WAS, SHE WAS NEVER ASKED ABOUT DOING THAT.
SHE LIVED ONE THE HOUSES THERE.
AND IF SHE GOES BACK FROM RIGHT THERE WHERE THE BEING LIVED BY THE ELMORE LAKE BACK TO 80 IN THE TERRA, THAT'S THREE AND A HALF MILES, IF SHE GOES AROUND WHAT SHE HAS TO DO IT SIX AND A HALF MILES FROM THERE TO, UH, DOWNTOWN TERRA FOR HER.
AND SHE SAID SHE'S BEEN LIVING THERE FOREVER.
SHE, AND I JUST NEVER EVEN THOUGHT TO GET HER NAME AND STUFF, BUT SHE SAID, I WAS NEVER ASKED.
AND, AND SHE SAID ONE DAY HE JUST STOPPED LETTING US GO.
WHEN THIS FIRST CAME UP, I REFERRED MR. JOHNSON TO OUR DISTRICT ATTORNEY, AND IT'S MY UNDERSTANDING THAT MR. JOHNSON FOLLOWED THE PROCEDURES THAT HE WAS ADVISED BY OUR DISTRICT ATTORNEY THAT IT, THAT IT NEED, THAT NEEDED TO BE FOLLOWED TO ACCOMPLISH WHAT THEY WANTED TO ACCOMPLISH.
AND AS A MATTER OF FACT, I THINK OUR DISTRICT ATTORNEY IS THE ONE WHO ACTUALLY DREW UP THE PAPERWORK.
UM, AND I HAVE A PROBLEM WITH US COMING BACK FOR, UH, TWO YEARS AFTER THE COURT HAS, HAS MADE A, HAS DONE SOMETHING, UH, COMING BACK TWO YEARS LATER, UH, AND SAYING, WELL, WE'RE GONNA RESCIND WHAT WE DID TWO YEARS AGO.
[00:35:01]
UH, I HAVE TO AGREE WITH COUNSEL HERE THAT, THAT WE'RE GOING TO GET A REPUTATION OF, UH, WELL, YOU CAN'T DEAL WITH TALKINGTON COUNTY BECAUSE IN TWO YEARS THEY'LL ASSUME WHAT THEY DID.AND WHETHER YOU'VE SPENT MONEY ON THE PRICE, I'M LI OF HIS ATTORNEY IN DOING THIS.
UH, ALSO HAVE A CONCERN THAT SOMEONE WHO BOUGHT PROPERTY FOR MONTHS AFTER THE FACT, UH, COMES IN AND, AND, UM, WANTS US TO CHANGE SOMETHING THAT WAS DONE FOUR MONTHS BEFORE THEY EVEN OWNED THE PROPERTY.
WELL, THESE ARE MY CONCERNS, JUDGE.
NUMBER ONE, YOU KNOW, LIKE I SAID, THAT IF, IF, IF THERE'S A PROBLEM, PART OF THE PROBLEM, OBVIOUSLY IS THAT AGREEMENT HADN'T BEEN OBTAINED FROM ALL THE PROPERTY OWNERS.
AS A MATTER OF FACT, WE'VE IDENTIFIED SOME, SOME OF 'EM ARE HERE.
BUT MY UNDERSTANDING IS THERE'S SOME PROPERTY OWNERS THAT OWN PROPERTY ON THAT ROAD THAT NOBODY'S EVEN CONTACTED, UH, SO FAR.
ISN'T THAT CORRECT? WELL,
UH, TILTON'S NOT HERE TODAY, BUT LIKE I SAID, HE JUST LEARNED ABOUT THEM LAST WEEK.
HE GOT A PHONE CALL FROM THEM.
SO, BUT I, YOU KNOW, I I TOO TO, YOU KNOW, TALK TO, YOU KNOW, SOME, YOU KNOW, WE HAVE ACCESS TO, UH, LEGAL ADVICE AS COUNTY COMMISSIONERS, YOU KNOW, FROM SEVERAL SOURCES.
AND, AND, UH, I, I HAVE LAID OUT THAT SCENARIO.
WHAT HAPPENS IF, YOU KNOW, NUMBER ONE, IT WAS INCORRECT THAT ALL THE PROPERTY OWNERS WERE NOTIFIED.
NUMBER TWO, IT WAS INCORRECT THAT NO WORK HAS BEEN DONE FOR 20 OR 30 YEARS ON THAT ROAD.
WHAT HAPPENED? YOU KNOW, WHAT IF ROAD HAD BEEN DONE RECENTLY ON THAT ROAD, AND, UM, UH, YOU KNOW, WHAT, WHAT DO YOU DO? AND THE ANSWER INVARIABLY WAS THAT, THAT OUR DECISION IS VOID.
THAT IF PROPER PROCEDURE WAS NOT FOLLOWED, NO MATTER WHOSE FAULT IT WAS, THAT, YOU KNOW, THE PREMISE THAT THE DECISION WAS MADE ON, UH, IS FLAWED BECAUSE WE WEREN'T GIVEN CORRECT INFORMATION TO MAKE A DECISION ON THE FRONT END.
AND SO IT'S NOT LIKE, YOU KNOW, RESCINDING, IT, IT, MY UNDERSTANDING IS RESCINDING, IT IS JUST A FORMALITY.
THE ACTION IS VOID BY VIRTUE OF THE FACT NOT EVERYONE WAS NOTIFIED.
AND, UH, AND, AND ALSO THAT, THAT WORK, YOU KNOW, HAD OBVIOUSLY BEEN DONE MORE RECENTLY.
I MEAN, WE HAVE A COUNTY COMMISSIONER WHO WAS IN, UH, IN THE DIRT WORK BUSINESS BEFORE, UH, HE WAS A COUNTY COMMISSIONER, THAT THAT WAS ACTUALLY PAID TO DO WORK.
SO, UH, YOU KNOW, MY, YOU KNOW, THE WAY IT WAS EXPLAINED TO ME IS OUR, OUR ACTION WAS VOTED ANYWAY, THAT THIS IS JUST, YOU KNOW, THAT THIS WOULD JUST BE A FORMALITY.
BUT MY QUESTION IS, UH, HAVING SAID THAT, UM, MY UNDERSTANDING IS THERE, HAS THERE, HAS THERE BEEN A LAWSUIT FILED? I'M NOT AWARE OF ANY LAWSUITS FILED.
YES, THERE HAS BEEN A LAWSUIT FILED, YES.
UM, AS FAR AS TRYING TO GO DOWN ABANDONMENT, WE, WE FILED A LAWSUIT ON FRIDAY TODAY, AND WE DID THAT STRICTLY JUST TO TOLD THE STATUTE.
'CAUSE WE WERE COMING UP ON THE STATUTE AND, AND I HAD IGNORED THIS FOR A WHILE.
AM I SPEAKING ON ATTORNEY? NO, I JUST WANNA RESPOND TO THAT.
I'D BE UNCOMFORTABLE DOING BUSINESS HERE IF I THOUGHT THE LAST TWO YEARS THAT WE SPENT GETTING OUR
BUT WE WENT METICULOUSLY THROUGH THE PROCEDURES OF PUBLIC NOTICE TO MAKE SURE THAT WE DID THAT CORRECTLY.
TO THE POINT WHERE I HAVE A MEETING WITH TERRELL TODAY TO MAKE SURE THE AGENDAS POSTED PROPERLY FOR OUR MEETING ON THE 18TH.
I'M CONCERNED WHEN I HEAR STATEMENTS THAT THE NEIGHBORS HAVE BEEN CONTACTED WHEN I'VE BEEN PAYING TAXES FOR AT LEAST THE LAST YEAR ON THE PROPERTY.
AND NOBODY'S EVER CONTACTED US.
I'M CONCERNED WHEN I'VE TALKED TO THE NEIGHBORING PROPERTY OWNERS OVER THERE.
'CAUSE WE'VE TRIED TO BUY THEIR PROPERTY AND THEY'VE TOLD US THEY NEVER KNEW ANYTHING ABOUT THIS.
WHEN WAS THE LAST TIME THE ROGUE WAS WORKED ON? WAS IT 50 YEARS AGO OR 1997? AND THEN WE'RE THE OTHER PROPERTY OWNER SINCE WE BOUGHT IN NOVEMBER.
'CAUSE WE'RE FACTUALLY TELLING
[00:40:01]
THE TRUTH HERE.WE'RE THE CONTACTED, SO LET'S GET AHOLD OF THE NAME, UH, BAILEY AND THE OTHER PROPERTY OWNERS, WE HAVE TOLD US THEY WEREN'T CONTACTED.
AND, AND I DON'T THINK WE'RE SENDING ANYTHING.
I THINK IT'S AN NULL EMPLOYEE AND THAT'S WHAT THE LAWSUIT'S ALL ABOUT.
BUT I DON'T LIKE SITTING HERE AND HAVING SOMEBODY SAY THAT WE WERE CONTACTED.
NOBODY HAS CONTACTED US SINCE WE BOUGHT THE, SORRY.
YOU DIDN'T BUY THE PROPERTY UNTIL FOUR MONTHS AFTER THIS ORDER.
WELL, THE CON THE COMMENT WAS MADE SINCE THEN.
THE NEIGHBORING PROPERTY OWNERS WERE CONTACTED TO COME UP WITH SOME SORT OF AGREEMENT.
WE'VE OWNED THE PROPERTY SINCE NOVEMBER, 2004.
WE'VE PAID THE TAXES SINCE THEN AND NOBODY'S CONTACTED US EXCEPT FOR WHEN WE HEARD FROM ROB HARRISON THAT THERE WAS AN ILLEGAL, UH, ACT DONE BECAUSE THE FACTS WEREN'T LAID OUT CORRECTLY.
UH, YOU KNOW, I GUESS IF THE LAWSUIT'S BEEN FILED, THEN IT'S KIND OF OUT OUR HANDS ANYWAY.
UH, JUDGE, MAY I BE HEARD AGAIN? UH, YES, SIR.
YOU MAY NEED TO SAY SOMETHING.
THANK YOU VERY MUCH FOR ALLOWING ME TO SPEAK AGAIN, JUDGE.
UH, FIRST, IT, IT IS, I BELIEVE IT IS COMPLETELY CLEAR THAT MR. HARRISON AND MR. HAM OBJECTED.
UH, AND I THINK THE FILE WILL REFLECT THAT, AS I'VE PREVIOUSLY SAID.
SO THERE'S AT LEAST ONE LANDOWNER WHO IS, WHO IS AFFECTED DRAMATICALLY BY THE ACTION, WHICH HAS BEEN TAKEN.
UH, SECONDLY, WITH RESPECT TO THE REVERTER, UH, I HAVE NO, UH, UH, UH, PERSONAL KNOWLEDGE ABOUT THAT.
I'VE NOT EXAMINED THE TITLE, HAVEN'T PREPARED TO FILE SUIT OR ANYTHING OF THAT NATURE.
BUT I WOULD SAY THAT I BELIEVE FROM READING THE CASES THAT IF THE COUNTY COURT RESCINDS ITS ORDER, IT IS LLOYD HAVE AN ISSUE FROM THE, FROM THE FIRST.
BUT THAT, UH, EITHER A COURT COULD DO THAT IF THAT WERE THE PROPER CASE, OR THE COMMISSIONER'S COURT COULD DO IT.
BUT WE BELIEVE THAT LIMITATION IS GOING TO RUN.
YOUR HONOR, WHEN YOU MENTIONED A FEW MINUTES AGO, YOU CITED THE DATE OF THAT ORDER AT, OF ABANDONMENT.
THE ONE I'VE SEEN IS JULY 12TH.
BUT IN, IN ANY EVENT, IT'S COMING UP AWFULLY QUICKLY.
AND, UH, THIS MAY BE THE LAST CHANCE FOR THE COMMISSIONER'S COURT WITHIN THE TIMEFRAME SET BY ARTICLE 16.005 OF CIVIL PRACTICE AND REMEDIES CODE, UH, TO ACT.
AND, UH, WITH RESPECT TO THE, UH, UH, PRESENTATION THAT COUNSEL MADE A FEW MINUTES AGO, UH, IN APRIL 15TH OF THIS YEAR, AN ALTERNATIVE PLAN WAS WORKED OUT.
MR. HARRISON, UH, THAT CAME, CAME TO THE COURT ON THAT DATE AND SOME REASON HAS NOT, UH, BEEN ON.
AND WE'RE NOT, WE'RE NOT HERE TO SAY THAT WE ARE REPUDIATING THAT AGREEMENT BECAUSE WE'RE NOT, WE'RE HERE TO SAY THAT OTHERS ARE NOW INVOLVED, WHOSE INTEREST SHOULD BE TAKEN INTO CONSIDERATION.
AND IF THE COURT WILL ADOPT AN ORDER RESCINDING THE ABANDONMENT AND RESCINDING THE ACCEPTANCE ON THE NEXT AGENDA ITEM, THEN UH, I BELIEVE THAT, UH, THAT I CAN ASSURE YOU THAT MY CLIENTS WILL ENGAGE IN GOOD FAITH NEGOTIATIONS TO DETERMINE WHETHER OR NOT, UH, A RESOLUTION OF THIS PROBLEM CAN BE REACHED.
TAKING INTO CONSIDERATION THE RIGHTS AND THE BENEFITS, UH, AND THE PROPERTY BADGES OF EVERYONE WHO IS AFFECTED BY, UH, THE ABANDONMENT.
WE'LL SURELY TRY TO DO THAT, JUDGE.
AND, AND, BUT WE NEED TO GET THE ABANDONMENT WHILE WE WERE, WE ARE WITHIN THE TWO YEAR PERIOD.
OTHERWISE, WE'RE GOING TO, WE'RE GONNA GO UP TO DISTRICT COURT AND IT WOULD BE SO MUCH EASIER IF WE COULD GO IT HERE AND WORK IT OUT.
IN ANY EVENT, WE WOULD LIKE THIS TO BE AS COORDINATED.
YOU KNOW, THE CONCERN ABOUT JUST GOING AND RESCINDING IT, UH, AND, AND I UNDERSTAND WHAT COUNSEL WAS SAYING, UH, AND I HAVEN'T HAD A CHANCE TO, TO DO THE RESEARCH AS FAR AS IF THAT CLOUD AND TITLE WOULD BE CLEARED THROUGH THE RESCISSION WITH ON THE REVERTER ON THAT PORTION.
[00:45:01]
OUT THERE.THE FACT IS, YOU KNOW, HE MADE THE STATEMENT THAT HE WILL GO UP TO THE DISTRICT COURT.
WELL, APPARENTLY THEY'VE ALREADY FILED SUIT, SO THAT'S A MOOT POINT.
IT IS IN COURT
UM, BUT WHAT WE'D LIKE IS THE OPPORTUNITY, UH, LET'S IDENTIFY WHO THE ADJOINING OWNERS ARE THAT ARE EFFECTIVE.
WHEN I SAID THAT HE HAD, MR. THOMPSON HAD TOLD ME HE MET WITH FATHER WAS EFFECTIVE BACK IN 2004, THAT HE WAS AWARE OF.
LIKE I SAID, HE JUST FOUND OUT THAT THE ANTHONYS EXISTED LAST WEEK, UM, AND THIS WAS AGREED TO BACK IN APRIL.
SO IF THE COMMISSIONERS FEEL THAT THERE ARE OTHER PEOPLE THAT NEED TO BE AT THE TABLE, LET'S GET EVERYBODY AT THE TABLE AND TRY TO WORK THIS OUT TO GET AN ALIGNMENT SO THAT WE CAN DO THIS ALL ON THE COORDINATED EFFORT IN ONE SWOOP INSTEAD OF RESCINDING IT AND POSSIBLY CREATING OTHER ISSUES AND THEN SCRAMBLING TO FIX THOSE DOWN THE ROAD.
YOU KNOW, WE MAY BE ABLE TO COME UP WITH A UNIFIED REALIGNMENT THAT EVERYBODY'S HAPPY WITH, COME IN, MAYBE RESEND, MAYBE RESCIND THE, UH, PORTION THAT WAS ALREADY DEDICATED, ACCEPTED.
WELL, WELL, HERE'S THE PROBLEM WITH THAT.
UH, AND SINCE I HAVE, I'M NOT AN ATTORNEY, BUT I HAVEN'T BEEN THROUGH SEVERAL ATTORNEYS HERE IS NUMBER ONE, YOU, WHEN YOU ABANDON PART OF THE ROAD, YOU NOT ONLY GET THE APPROVAL OF THE PEOPLE WHO LIVE ON THE PART THAT'S BEING ABANDONED, BUT EVERYBODY THAT LIVES ON THAT ROAD.
BECAUSE IF THAT'S THEIR, YOU KNOW, IF, IF THAT'S THEIR SHORTCUT TO GET TO HIGHWAY 80, THEY HAVE A STAKE IN WHETHER THAT ROAD IS MAINTAINED OR NOT.
BUT MY QUESTION IS, IS NOT THE THRESHOLD QUESTION.
NOT WHO WAS NOTIFIED AND WHEN IS NOT THE THRESHOLD QUESTION, WHEN WAS THE LAST DATE WORK WAS DONE ON THAT, ON THAT COUNTY ROAD? BECAUSE IF IT WAS, UH, IF IT WAS ONLY NINE YEARS AGO, I DON'T KNOW OF ANY STATUTE THAT ALLOWS YOU TO ABANDON A ROAD THAT'S BEEN WORKED ON NINE YEARS AGO.
I THINK THE DISTRICT ATTORNEY REFERRED TO IT THREE YEARS.
IS IT IN HIS PAPERWORK? HE, HE TALKED ABOUT IT BEEN MORE THAN THREE YEARS.
AND, AND I THINK MR. THOMPSON WOULD, WOULD LIKE TO ADDRESS THE, UH, WORK ON THE ROAD BECAUSE I KNOW THAT HE'S BEEN OUT THERE FOR SOME TIME.
IF WE CAN INDULGE, COMMISSIONER.
LET ME, LET ME JUST SAY THAT WHAT WE WOULD LIKE TO SEE THE COURT DO IS RESTORE THE STATUS QUO SO THAT THESE NEGOTIATIONS CAN START FROM WHERE THE POINT WAS WHEN, WHEN THE PRIOR ORDER WAS ADOPTED.
UH, I WANT TO START BY, UH, BASICALLY APOLOGIZING TO THE COURT AND TO MY NEIGHBORS.
UH, AND WHEN THIS WAS BEGUN IN 2004, I ASSURE YOU MY INTENT WAS NOT TO, UH, SURPRISE ANYBODY WITH IT.
I THOUGHT I WENT TO EVERY, UH, EXTENT TO FIND OUT HOW YOU DO IT AND WHAT YOU DO AND WHEN YOU DO IT.
AND I DID EVERY SINGLE THING I WAS TOLD TO DO, INCLUDING HIRING THE COUNTY, UH, COUNTY, UH, SURVEYOR TO COME UP WITH A PROPOSED REALIGNMENT AND, AND TO SURVEY THE ENTIRE AREA THAT WAS TO BE ABANDONED.
I FOUND OUT LATER ABOUT THE MISUNDERSTANDINGS.
UH, ROB HARRISON AND I HAVE MET, UH, SINCE THEN.
AND I HAD A GREAT, HAD I THOUGHT A GREAT MEETING THAT WE, WHERE WE CAME UP WITH A NEW, UH, REALIGNMENT, WHICH I HIRED THE COUNTY ATTORNEY, COUNTY SURVEYOR TO DO.
AND THAT WAS SIGNED OFF ONLY AND DELIVERED AND DELIVERED TO, UH, THE JUDGE AND TO COMMISSIONER SHANE AND TO UH, UH, ED WALTON, THE ATTORNEY, THE ATTORNEY, COUNTY ATTORNEY, EXCUSE ME.
AND, UH, I THOUGHT THAT THAT WAS WHERE WE WERE AT THE TIME.
UH, ONCE AGAIN, MY INTENT WAS NEVER TO SURPRISE ANYBODY.
UH, I MET WITH IVAN JOHNSON ON SEVERAL OCCASIONS, AND I SACRED WORD OF HONOR, I'VE NEVER TOLD THE MAN I OWN LAND ON BOTH SIDES.
I DON'T, EXCEPT FOR THAT CORNER THAT MAY HAVE COME UP.
THAT LITTLE CORNER WHERE IT CUTS ACROSS WHERE WE DO OWN A LAND ON BOTH SIDES OF THAT CORNER.
OTHER THAN THAT, I NEVER, EVER IMPLIED TO HIM THAT I OWNED LAND ON, ON BOTH SIDES.
UH, IN MY ENTIRE CAREER IN COMMERCIAL REAL ESTATE, THE JURISDICTION ALWAYS DID THE NOTIFICATION OF THE, UH, PEOPLE THAT WERE ADJACENT LANDOWNERS.
I HAD NO KNOWLEDGE OF THAT, WAS NEVER ASKED TO DO THAT BY ANYONE.
I'M NOT SAYING IT WAS RIGHT OR WRONG, I WAS JUST NEVER ASKED BY ANYONE TO DO THAT.
AS FAR AS THE ISSUE ON WHEN SOMEONE WORKED ON THAT ROAD, UH, I GUESS IT WAS 1997, BUT IT WAS NOT THAT PART OF IT.
[00:50:01]
ALL THIS WAS, IN FACT, I PAID FOR IT AGAIN, I PAID THE COUNTY WHO THEN I GUESS PAID KEN SHANE TO DO THE WORK.IT WAS A PIECE OF ROAD, UH, RIGHT THERE THAT ENDS AT THE NORTH BOUNDARY OF MY, OF MY LAND.
AND IT WAS, UH, IT WAS UH, FIVE, IT WAS ABOUT 2000 FEET.
IT ALREADY HAD A ROAD DEAD IN IT, A ROCK ROAD DEAD.
IT HAD SOME, IT NEEDED THE BAR THAT WAS CLEANED OUT AND IT NEEDED TO BE SHAPED A LITTLE BIT.
I BELIEVE THEY HIRED KEN SHANNON.
I THINK THAT'S WHERE I MET MR. SHANNON ON THE ROAD THAT DAY WHEN HE CAME OUT THERE AND DID THAT.
IT DIDN'T GO ANYWHERE NEAR THE PART OF THE ROAD THAT WE'RE EVEN DISCUSSING.
WE'RE TALKING ABOUT ANOTHER HALF MILE, AT LEAST DOWN TO WHERE THIS EVEN BEGINS.
SO THERE HAS, FROM, FROM TALKING WITH A GUY NAMED DAVID SAMPLES WHO WAS WITH THE COUNTY FOR 25 OR 30 YEARS, TOLD ME THERE HAD NOT BEEN ANY MAINTENANCE DONE ON THAT WHOLE STRETCH OF ROAD IN THAT, IN THAT LENGTH OF TIME.
SO I JUST WANTED TO EXPLAIN HOW THAT, IT MAY HAVE BEEN IN NINE SEVEN WHEN YOU DID THE WORK, BUT IT WAS, IT'S LIKE FIXING POTHOLES.
IT'S LIKE DOING, FIXING THE POTHOLE ON THE PART OF THE ROAD THAT'S FROM, FROM MY HOUSE OUT TO THE HIGHWAY, WHICH YOU DO.
BUT THAT'S NOT WORKING ON THE, ANYWHERE NEAR THE PART OF THE COUNTY ROAD WE'RE, WE'RE DISCUSSING.
SO I DO THINK THAT THAT'S A STRETCH TO SAY THAT THAT ROAD WAS WORKED ON THE NINE SEVEN, BECAUSE THERE'S, THERE WOULD, THERE WOULD'VE BEEN NO WAY ANYTHING HAD BEEN THROUGH THERE.
UH, YOU COULD HARDLY, WHEN WE, WHEN WE FIRST, AND ROB WILL TELL YOU THIS, WHEN WE FIRST STARTED WORKING ON THIS, I, I HIRED A GUY WITH THOSE THAT COME AND KNOCK ME ON SOME BIG LIMBS WHERE WE COULD GET OUR FOUR WHEELERS THROUGH.
YOU COULDN'T GET A FOUR WHEELER THROUGH.
SO ANYWAY, UH, BUT ONCE AGAIN, FOR ANY, UH, FOR ANY MISCOMMUNICATION ON MY HEART, I APOLOGIZE.
BUT I CAN TRUTHFULLY SAY I NEVER MISREPRESENTED ANYTHING TO IVAN JOHNSON.
AND I NEVER MEANT TO MISREPRESENT ANYTHING TO ANY NEIGHBOR.
AND THE NEIGHBORS YOU'RE TALKING ABOUT, ABOUT HAVING A SHORTCUT, THEY HAVEN'T HAD THAT SHORTCUT.
I MEAN, UNLESS THEY LIVED THERE FOR 30 OR 40 YEARS, THEY NEVER HAD THAT SHORTCUT SINCE THEY'VE LIVED THERE.
AND THEY MAY HAVE LIVED THERE BEFORE THEN.
I DON'T HAVE THANK YOU VERY MUCH QUESTION.
YES, I, I JUST, I'VE HEARD ENOUGH, THE, THE ORDER WAS ACCOMPLISHED UNADVISED OF OUR ATTORNEY TO OUR
I'M NOT ABOUT TO GO AGAINST WHAT OUR DISTRICT ATTORNEY HAD ADVISED US AT THAT TIME, RIGHT OR WRONG.
OUR APPELLATE REVIEW IS DISTRICT COURT.
IT'S ALREADY BEEN FILED IN DISTRICT COURT.
I THINK RIGHT OR WRONG, WE NEED TO STAND ON THIS UNLESS WE GET ADVICE FROM OUR ATTORNEY TO CHANGE IT.
AND I HAVEN'T SEEN, YOU HAVEN'T TALKED TO US ABOUT IT.
UH, SO I'M, I'M JUST NOT EXCITED ABOUT, UH, GOING QUOTE OR THIS ORDER.
I DUNNO WHAT OTHER OPTIONS WE HAVE, BUT I'M NOT DISTRICT ATTORNEY LATER ON.
THAT WAS OUR, OUR INPUT MOTIONS HAVE BEEN MADE BY THE MINISTER SHANE.
AND WHEN YOU, YOU'RE REFERRING TO BOTH OF THE AWARDS, RIGHT? I, I'D RATHER DISCUSS THIS AMONGST OURSELVES HERE, YOU KNOW, FOR, FOR A SECOND, HERE'S WHAT'S IN FRONT OF US, YOU KNOW, I MEAN, WHAT'S ON THE AGENDA IS TO, YOU KNOW, JUST RESCIND THE ORDER AND, YOU KNOW, TO, TO TELL YOU THE TRUTH, THAT THAT'S, THAT'S ONE IS ONE OF THE MOST BASIC FREEDOMS IN AMERICA IS NOT TO BE DEPRIVED OF THE USE OF YOUR PROPERTY.
AND, UH, UH, BUT THE OTHER THING WE'RE BEING ASKED IS TO LET THEM WORK 'EM OUT, OUT AMONGST THEMSELVES.
THAT OPTION IS, SINCE THERE HAS BEEN A LAWSUIT FILED, IS TOTALLY IN THE PURVIEW OF DISTRICT COURT.
BUT WHEN, IF I THINK JIM'S CORRECT, NOW THAT THE LAWSUIT'S BEEN FILED, UM, DISTRICT COURT'S GONNA GOVERN NO MATTER WHAT WE DO.
UH, AND, AND I'M IN, I'M INCLINED TO, AND I'M INCLINED TO GO AHEAD AND RESCIND THE ORDER.
UM, BUT THE FACT OF THE MATTER IS SINCE THERE'S, THERE'S A LAWSUIT PENDING IN DISTRICT COURT, I DON'T KNOW THAT IT MATTERS WHAT WE DO.
UM, MY QUESTION IS, I MEAN, DO WE CAN, UH, IT IS IT STILL WITHIN
[00:55:01]
OUR DISCRETION TO RESCIND THE ORDER? AND, AND MY REASONING FOR RESENTING IT WAS I WASN'T GIVEN ALL THE INFORMATION WHEN WE MADE THE DECISION TO BEGIN WITH.I DIDN'T KNOW THAT THERE WERE THESE OTHER PROPERTY OWNERS THAT WERE OPPOSED TO ABANDONING THAT ROAD.
AND I THINK IT'S IMPORTANT THAT THEIR INTEREST BE PROTECTED.
IS THERE A SECOND TO RESCIND THOSE TWO ORDERS? UM, I'LL SECOND.
ANY MORE DISCUSSION? ALL IN FAVOR OF RESENDING THOSE TWO ORDERS.
SAY AYE, THOSE, UH, OPPOSED TO RESCINDING THOSE TWO ORDERS SAY AYE.
SO IT'S TWO TOO TIED AND MR. S NOT HERE.
NEXT ITEM I MOTION DIES ON BOTH OF THOSE.
THEY DISCUSS, CONSIDER ACCEPTING ANNUAL ROAD REPORT FILING FOR COUNTY COMMISSIONER PRECINCT TWO.
UM, JUDGE, UH, MY STAFF PUT THIS TOGETHER WHILE I WAS GONE.
THEY'LL NOTICE IT STILL, IT'S STILL NOT SIGNED.
AND THERE'S, UH, THERE'S SOME CORRECTIONS I NEED TO BACK, BACK, BACK TO IT.
SO I'M GONNA MAKE A MOTION THAT WE TABLE.
MOTION TO TABLE ITEM NUMBER SEVEN.
IS THERE A SECOND? SECOND, UH, MOTION MADE BY COMMISSIONER WINTER.
SECONDED BY COMMISSIONER SHANE WITH THE TABLE.
THAT ITEM ALL IN FAVOR? THE I MOTION CARRIES, UH, PRECINCT THREE ANNUAL REPORT.
I MOTION YOU NOT READY? READY.
MOTION TO, UH, MOTION, UH, TO ACCEPT ANNUAL REPORT FOR FILING A PRECINCT NUMBER THREE.
IS THERE A SECOND ON THAT? SECOND.
SECONDED BY COMMISSIONER LEONARD ALL THURSDAY.
MY UNDERSTANDING IS THIS IS JUST LIKE THE SLAUGHTER, IT'S JUST ACKNOWLEDGE WE'RE NOT APPROVING IT.
I FORGOT TO PASS THIS UP AND WE WERE ON THE OTHER ISSUE THIS DEALS WITH YEAH, YOU HAVEN'T SEEN THAT? THAT'S PART OF THAT THING GAVE YEAH, I GOT IT.
NEXT WE HAVE DISCUSSED CONSIDER ACCEPTING FOR FILING THE COMMISSIONER'S ROAD REPORT FOR PRECINCT NUMBER FOUR.
MOTION MADE BY COMMISSIONER LER.
SECONDED BY COMMISSIONER SHANE.
THIRD IS JUST ONE MINOR POINT ON THIS ISSUE, AND I DON'T KNOW HOW TO ACCOMPLISH THIS.
UH, THIS REPORT IS SUPPOSED TO BE GIVEN TO THE GRAND JURY ON THE FIRST, UH, SESSION, WHICH IS FEBRUARY FOR FIVE MONTHS AND JULY FOR SEVEN MONTHS.
DOES A, IS A COMMISSIONER REQUIRED TO GIVE IT TO THE DISTRICT CLERK TO FILE OR HOW DOES THIS WORK? WELL, IT'S NOT, UH, I'M THE ONE THAT INSTITUTED DOING THIS AND IT WAS JUST A MATTER OF DISAGREEING THROUGH THE TRANSPORTATION CALL.
SEEING THIS WAS A REQUIREMENT.
SO I CALLED THE TEXAS ASSOCIATION OF COUNTIES AND BASICALLY THEY SAID, YEAH, THAT'S, THAT'S BEEN A REQUIREMENT SINCE THE 18 HUNDREDS
AND SO I PROPOSED THAT WE DO IT.
AND SO, YOU KNOW, THE, UH, YOU, YOU, YOU MAKE A GOOD POINT.
UH, I THINK YOU JUST DO THE BEST YOU CAN TO COMPLY WITH THE LAW.
AND I IT SAYS THE REPORTS SHOULD I AGREE WITH YOU A HUNDRED PERCENT.
UM, THE REPORTS SHALL BE SUBMITTED TOGETHER WITH EACH CONTRACT MADE BY THE COURT SINCE IT'S LAST REPORT FOR ANY WORK ON ANY ROAD TO THE GRAND JURY.
THE FIRST TERM OF THE DISTRICT COURT OCCURRING AFTER THE REPORT IS MADE.
THAT'S, WHEN DO I TAKE THIS UP AND SAY HERE?
[01:00:01]
UH, THAT'S WHAT WE'VE DONE.I MEAN, WE, WE HAVE ALWAYS GONE AHEAD AND SUBMITTED A COPY TO THE GRAND JURY.
I GAVE IT TO THE DISTRICT ATTORNEY LAST TIME.
I GIVE, BUT THAT, YOU KNOW, OF COURSE YOU READ THROUGH, YOU READ THROUGH THE, THE CODE AND YOU CAN, YOU CAN, THAT'S ONE OF THOSE THINGS YOU CAN SEE SOMEBODY HAD A BIG AX TO GRIND AND SO THEY WENT TO THE LEGISLATURE.
THEY GOT THAT PUT IN SOMEWHERE ALONG THE LINE.
MOST LAWS ARE THAT DO GET THAT'S EXACTLY RIGHT.
BUT, YOU KNOW, IT'S GOOD THAT WE'RE, IT IS GOOD THAT WE'RE, WE'RE IN COMPLIANCE WITH THE LAW, BUT LOGISTICALLY, IF IT HAS TO BE SUBMITTED IN JUNE THAT INFERS YOU HAVE A DEADLINE OF THE END OF JUNE.
YEAH, WELL YOU CAN'T, THE, THE, THE FIRST TERM OF THE GRAND JURY IN OUR COUNTY.
'CAUSE WE'RE A FIVE MONTH AND A SEVEN MONTH, SEVEN MONTH GRAND JURY.
WE DON'T HAVE SIX MONTH TERMS. WE HAVE FIVE AND SEVEN MONTH TERMS. IT IS, IT IS, IT IS HARD TO COMPLY WITH THE LETTER OF THE LAW.
I BELIEVE WE, I THINK JUDGE JUDY SAID SEAT THE GRAND JURY.
NEXT ITEM OF DISCUSSING IS THEY OF APPOINTING MEMBERS TO, DID I TAKE A VOTE ON THAT? ALL IN FAVOR.
PRECINCT FORWARD, UH, DISCUSSING
Y'ALL HAVE GOT YOUR RECORD THERE.
UH, THE NEW PRESIDENT ANGEL BUTLER IS REQUESTING THAT SOME BE CHANGED FROM ACTIVE TO ADVISORY STATUS, UH, AND THAT THE, UH, NEW BOARD MEMBERS BE, UH, AS FOLLOWS.
ANGEL BUTLER, PRESIDENT DAVID MORGAN, TREASURER.
SECRETARY GAIL MARVIN, MARITA WILLIAMS AND LAURA STORMS. BE THE OTHER MEMBERS.
SECOND BY COMMISSIONER LETTER.
NEXT I DISCUSSED, CONSIDER PROVEN THE DENTATION OF TERRY.
KENS WORTHY FOR THE KAMAN COUNTY TAX ACCESSOR OFFICE.
MOTION MADE BY COMMISSIONER SHANE.
SECONDED BY COMMISSIONER ER ALLING FAVOR SAY AYE.
NEXT HAVE DISCUSSED, CONSIDER REQUEST FOR EMBARK TO INSTALL VARIED COMMUNICATIONS.
DROP UNDER AND ACROSS RIGHT OF WAY COUNTY ROAD 40 68.
NEXT WE HAVE, UH, TO ACKNOWLEDGE THAT COLLEAGUE OF DALLAS CROWN GOOD ORDER REPORT FOR WEEKEND BEING SIX 17 AND 6 24.
SO WHAT MOTION
RIGHT SECOND BY COMMISSIONER SHANE.
DID YOU GET THAT? DIDN'T FIND OUT HOW THE BULLS DID
UH, WE GOT A REPORT THAT THERE WAS SOMEONE FROM THE UNITED STATES, WHICH WAS GORED BY A BULL DURING THE RUN.
I THOUGHT HE WAS GONNA DO THE RUN WITH THE SQUIRRELS.
IT WAS THE GUY THAT GOT GO TO THE UNITED STATES WAS IN NEW YORK STATE.
UH, ANY LINE ITEM TRANSFERS YOU WANT TO DISCUSS THIS MORNING NOW? YES SIR.
WE PROPOSED LINE ITEM TRANSFERS IN THE GENERAL GOVERNMENT AREA FOR PROFESSIONAL SERVICES.
INCREASE 30,000 WITH DEDUCTION IN HEALTH INSURANCE COSTS AND THE INFORMATION TECHNOLOGY DEPARTMENT.
INCREASE OFFICE FURNISHING EQUIPMENT.
1000 WITH REDUCTION OF MISCELLANEOUS AND THE DA HOT CHECK FUND.
INCREASE EMPLOYEE HEALTH INSURANCE.
INCREASED PSYCHIATRIC EXAM, $50 INCREASED.
MISCELLANEOUS A THOUSAND WITH REDUCTION IN PROSECUTION COSTS.
INCREASED PARTS AND REPAIR OF 600 WITH REDUCTION IN OFFICE FURNITURE CONSTABLE, FREE CONSTABLE PRECINCT.
INCREASED OFFICE FURNITURE EQUIPMENT, A HUNDRED DOLLARS WITH REDUCTION IN DUES.
SHERIFF'S FUND INCREASED GAS AND OIL.
[01:05:01]
REDUCTION IN IN THE LIABILITY INSURANCE.2000 REDUCTION OF BARREL COSTS AND THE GENERAL ROAD BRIDGE.
INCREASED ROAD SIGNS 1000 WITH REDUCTION IN TRAFFIC STUDIES.
ADDITIONALLY IN THE DAS AT OR FUND, WE CERTIFY ADDITIONAL REVENUES OF 21,500.
INCREASED COMMUNICATIONS EXPENSE.
Y'ALL HEARD THE NINE ITEM TRANSFER REQUEST WAS ANYTHING? A MOTION TO APPROVAL? MOTION MADE BY COMMISSIONER ER, SECONDED BY COMMISSIONER SHANE.
UH, WE WERE GOING LAST MONDAY.
UH, PROBABLY DON'T HAVE VERY MANY BILLS TODAY.
I FLOW ALL NIGHT, NIGHT BEFORE.
AND THE, THE FALLING, SO I WENT SAID, WHICH IS, YOU KNOW, 30 SHE SAID DOWN I DOWN CHRISTMAS.
[01:10:19]
YOU ACTUALLY DO ONE OF THOSE MOST DON'T IF IF I WAS BRAIN SURGEON? NO, YOU KNOW, IN MEXICO OVERRIDE.I THINK Y'ALL COULD, WOULD'VE BEEN.
AND WHERE'S WHERE'S IT GOING? OH, WE'RE DOING, YOU KNOW HOW ON THE REASON NEXT I'M BE IN THE MOUNTAIN WITH MY CHILDREN, BUT THERE'S AN ITEM THAT WE PUT, HAVE A MEETING.
PUT THAT ONE THING ON THE AGENDA.
[01:15:03]
Y'ALL BY THE WAY.I, Y'ALL I'LL BE IN FAVOR OF WHAT NEEDS.
YEAH, WE'RE GONNA TAKE A BREAK AND DON'T SAY THAT NONE.
DEPEND ON WHERE YOU GET IT IN AN INDIAN PLACE.
I JUST WANNA LOOK AT YOUR COPY OF THE AGENDA.
NO, THE WORKSHOP JUST SAYS NO, I JUST, THE OTHER ONE.
I WAS GET MINE ONLINE AND IT WASN'T THERE.
SOME OF THEM, YOU OUT AND ARE ALL OF THEM WALKING? YOU WALK DOWN.
WE SAW SOME CAR ON A FEW AND THEY, AND THEY WALK.
THEY DON'T, THEY JUST WALK UP AND TAKE HER BACK.
WHAT'S THE MOST IMMEDIATE, DO THEY HAVE, UH, MILEAGE? YEAH.
AND IT'S ALL IN THE, THEY CAN'T THEN OF ALL THE, SO THEY CAN'T STRAIGHT ON THE METRIC SYSTEM.
SO YOU, DID YOU DRIVE A CAR OVER THERE? USED LEFTHAND? NO, I NEVER GOT, YOU KNOW, THEY, MY SON WOULD ALWAYS LAUGH WHEN I GET IN SIDE OF THE CAR THAT GOES FOR 35 YEARS.
THE PROBLEM I HAVE DRIVING IS WHEN YOU TURN A CORNER, YOU ALWAYS END UP ON THE RIGHT HAND SIDE OF THE ROAD FOR SOME REASON INSTEAD OF GETTING OVER ON THE LENGTH THIS WAY.
THAT WAS, WELL, I'M, I'M STILL TRYING TO FIGURE OUT THE RULES FOR ROUNDABOUT.
OH, IF YOU'RE JUST GOING TO THE, IF YOU'RE JUST GONNA KEEP THE BIG ONES, IF YOU'RE JUST GONNA TURN LEFT, YOU CAN JUST TURN YOUR LEFT SIGNAL.
OTHERWISE, YOU'VE GOTTA TURN YOUR RIGHT SIGNAL IN AND GET IN THE MIDDLE OF THE ROUNDABOUT AND THEN SOMEHOW IN THE ROUNDABOUT YOU GOTTA SCOOCH OVER.
YOU GET TO, AND THEN TURN YOUR LEFT SIGNAL.
IT'S JUST THE OPPOSITE IN FRANCE.
YOU COME, OH, TURN EVERYTHING OVER.
I DON'T KNOW IF I CAN HANDLE A RIGHT HAND GROUND WHEN WE WENT TO AUSTRALIA.
UNLESS DON'T DRIVE DOWN HERE BECAUSE YOU'LL HAVE A BREAK
[01:20:01]
BECAUSE YOU'RE NOT USED TO DRIVING.SO I DIDN'T GET A TRANSPORTATION, WELL, THE FIRST HALF OF THE TRAINING CAR, TJ, AND THEN BRING THEM ALL THE WAY BACK TO TRAINING, WHICH WAS ALL ACROSS.
BUT ONCE WE GOT BACK, I TURNED IT BACK AND I'M GOING FIVE FROM THE TRAIN STATION CAR, WALK TO THE TRAIN STATION, TRAIN.
IF NOT, THEY GOTTA SHOW US LIKE THERE'S NO TRAIN, BUT YOU GO INTO AND JUST TAKE THE BUS, THE 18TH HOLE.
NOT ONLY ARE THERE WATER GOT, YEAH, WE'VE GOT PRESENTATIONS.
LAST COUPLE DAYS WHEN I FIRST TOOK PUBLISH ROAD WAS $26.
REALLY? IT'S 50 RICK'S LISA, TWO GRANDKIDS, MY YOUNGEST, HIS WIFE SETH AND TINA.
SHE GETS TO GET AWAY FROM BABY.
HAD WE, MISTY HAD A MISTY'S MOTHER STAYED WITH HER LAST WEEK AND THEN TEAM WENT OVER TO FRIDAY AND STAY WITH HER.
THIS, YEAH, THE GUY THAT WE CHAIN OF SHOE 30, THE CHAMPIONSHIP COURSE.
YOU CAN'T PLAY IT UNLESS YOU PLAY WITH THE, THAT'S WE GOTTA PLAY THE CHAMPIONSHIP COURSE.
BUT, UM, WE STARTED SIX 30 AT SIX 30 AND HE TOLD THE START AMERICANS, I'M PLAYING WITH TUESDAY BY AN HOUR AND A HALF AT 10 30 AT NIGHT AND 10 30
[01:25:05]
ON THE NEWS.THEY, AND MOST OF THOSE GUYS ARE MAN, SO THEY KIND OF PUSH EACH OTHER'S BUTTONS.
THREE MINUTES LEFT OVER THE NORTH OR THE SOUTH IS NOTHING COMPARED TO STOP.
MY TEAMS ARE WHOEVER'S, YOU KNOW WHAT AWOL MEANS, DON'T YOU? THEY CALL IT, THEY CALL, THEY CALL A F ON THE NEWS.
THEY TOOK A CAR AND THEY STUFF IT WAS WHITE CAR BLACK AND THEY PARKED IN COUPLE OF BLOCKS AWAY.
THE BILLS SECONDED BY COMMISSIONER SHANE.
AND THE BILLS, UH, I MOTION TO ADJOURN THE MEETING MOTION MADE BY COMMISSIONER LEONARD, SECONDED BY COMMISSIONER.
MOTION CARRIES AND WE ADJOURN.